George Washington of Virginia presides over the signing of the Constitution in Independence Hall, Philadelphia, on Sept. 17, 1787. Howard Chandler Christy completed this 20-by-30-foot painting in 1940. It hangs today in the east grand stairway of the House wing of the U.S. Capitol in Washington, D.C. (Architect of the Capitol)

By Charles AppleThe Spokesman-Review

In the 231 years and two months that the U.S. Constitution has been operating, congress and the various states have updated that constitution 27 times. Here’s a closer look at our constitutional amendments – plus a few that didn’t pass.

‘THE BILL OF RIGHTS’

All amendments passed by Congress on Sept. 25, 1789 and ratified by states on Dec. 15, 1791.

AMENDMENT 1

Guaranteed Congress would pass no laws that would infringe on basic freedoms: Of religion, of speech, of the press, of peaceful assembly and to petition the government.

AMENDMENT 2

Guaranteed the right to keep and to bear arms.

AMENDMENT 3

Guaranteed no citizens would have to quarter soldiers in their homes during peacetime. This had been a problem with the English during the Revolutionary War.

AMENDMENT 4

Guaranteed no unreasonable searches and seizures and set out requirements for search warrants requiring probable cause.

AMENDMENT 5

Established rules for indictment by a grand jury, eminent domain, protected the right to due process and prohibited self-incrimination and double jeopardy.

AMENDMENT 6

Guaranteed the right to a fair and speedy trial by an impartial jury, the right to confront an accuser and the right to retain counsel and bring in witnesses.

AMENDMENT 7

Guaranteed the right to a trial by jury in federal civil cases and restricted courts from overturning a jury’s finding of fact.

Makes clear that citizens have other “unenumerated” rights that may not be specifically listed in the Constitution.

AMENDMENT 10

Makes clear that the federal government has only those powers specifically granted to it by the Constitution. Powers not specifically granted is left to the states or the people.

THE FIVE FAILED AMENDMENTS

In addition, there were six Constitutional amendments that were passed by two-thirds of both houses of Congress but were never ratified by three-fourths of the states, as required in Article Five of the Constitution. One is still being argued in courts.

CONGRESSIONAL APPORTIONMENT

Passed by Congress: Sept. 25, 1789

This amendment, proposed as one of 12 original “Bill of Rights” amendments, would have regulated the size of congressional districts to ensure apportionment of representatives. It never passed, although there was another failed “Bill of Rights” amendment that was finally ratified in 1992 – 202 years and 223 days after Congress sent it to the states.

AMENDMENT 11

Passed by Congress: March 4, 1794Ratified by states: Feb. 7, 1795

What the amendment did: Made states immune from lawsuits from citizens of other states and from foreigners and set up the foundation for state sovereign immunity.

AMENDMENT 12

Passed by Congress: Dec. 9, 1803Ratified by states: June 15, 1804

What the amendment did: Changed how elections worked: Previously, the vice president was the No. 2 vote-getter. After this, presidents and vice presidents were elected together on a “ticket.”

FAILED AMENDMENTS

TITLES OF NOBILITY AMENDMENT

Passed by Congress: May 1, 1810

This amendment would require any U.S. citizen who accepts a title of nobility from another country to be stripped of his or her U.S. citizenship.

‘THE CORWIN AMENDMENT’

Passed by Congress: March 2, 1861

This amendment would make state’s “domestic institutions” – especially slavery – immune to abolition or other interference from Congress.

AMENDMENT 13

Passed by Congress: Jan. 31, 1865Ratified by states: Dec. 6, 1865

What the amendment did: Abolished slavery and involuntary servitude.

AMENDMENT 14

Passed by Congress: June 13, 1866Ratified by states: July 9, 1868

What the amendment did: Granted citizenship to former slaves and guaranteed a citizen’s “privileges or immunities,” due process of law and equal protection of laws.

AMENDMENT 15

Passed by Congress: Feb. 26, 1869Ratified by states: Feb. 3, 1870

What the amendment did: Guaranteed to all men the right to vote, regardless of race, color or whether or not one had previously been a slave.

AMENDMENT 16

Passed by Congress: July 12, 1909Ratified by states: Feb. 3, 1913

What the amendment did: Allows Congress to levy an income tax without having to apportion it among the states or basing it on the Census.

AMENDMENT 17

Passed by Congress: May 13, 1912Ratified by states: April 8, 1913

What the amendment did: Ensures U.S. senators are elected by direct popular vote.

AMENDMENT 18

Passed by Congress: Dec. 18, 1917Ratified by states: Jan. 16, 1919

What the amendment did: Prohibited the manufacture or sale of alcohol in the U.S. “Prohibition” would be repealed with the 21st Amendment in 1933.

AMENDMENT 19

Passed by Congress: June 4, 1919Ratified by states: Aug. 18, 1920

What the amendment did: Guaranteed to women the right to vote.

FAILED AMENDMENTS

CHILD LABOR AMENDMENT

Passed by Congress: June 2, 1924

This amendment would have permitted the federal government to limit, regulate or prohibit child labor.

AMENDMENT 20

Passed by Congress: March 2, 1932Ratified by states: Jan. 23, 1933

What the amendment did: Changed the date on which national elected officials began their terms of office. Instead of March 4, Presidential inaugurations would take place on Jan. 20.

AMENDMENT 21

Passed by Congress: Feb. 20, 1933Ratified by states: Dec. 5, 1933

What the amendment did: Repealed the 18th amendment that banned the manufacture or sale of alcohol.

AMENDMENT 22

Passed by Congress: March 24, 1947Ratified by states: Feb. 27, 1951

What the amendment did: Established a two-term limit for president. A person who completed someone else’s presidential term of more than two years can be elected only once.

AMENDMENT 23

Passed by Congress: June 16, 1960Ratified by states: March 29, 1961

What the amendment did: Guaranteed the District of Columbia electors in the Electoral College.

AMENDMENT 24

Passed by Congress: Sept. 14, 1962Ratified by states: Jan. 23, 1964

What the amendment did: Guaranteed no one could be denied the right to vote based on non-payment of a poll tax or any other type of tax.

AMENDMENT 25

Passed by Congress: July 6, 1965Ratified by states: Feb. 10, 1967

What the amendment did: Established an order of succession to the presidency, procedures for filling a vice presidential vacancy and responding to a presidential disability.

AMENDMENT 26

Passed by Congress: March 23, 1971Ratified by states: July 1, 1971

What the amendment did: Lowered the voting age to 18 years old.

FAILED AMENDMENTS

EQUAL RIGHTS AMENDMENT

Passed by Congress: March 22, 1972

This amendment would have prohibited denial of any rights by federal or state governments on the basis of sex. Congress originally set a deadline of March 22, 1979 to pass this amendment and then extended that to June 30, 1982. It did not pass. After that, three more states passed the ERA, which would have made it law – if the ratification deadline hadn’t expired. This is still being argued in courts.

D.C. VOTING RIGHTS AMENDMENT

Passed by Congress: Aug. 22, 1978

This amendment would have given the District of Columbia full rights as a state, with members of Congress and other rights. Congress set a ratification deadline of Aug. 22, 1985 – which wasn’t met.

AMENDMENT 26

Passed by Congress: Sept. 25, 1789Ratified by states: May 5, 1992

What the amendment did: Said that if Congress votes itself a pay increase, that increase won’t take effect until after the next election. This had been one of the original 12 amendments, back in 1789.

Sources:
“The Constitution: The Story of the Creation and Adaptation of the Most Important Document in the History of the United States of America” by Gerry and Janet Souter, “The First Congress: How James Madison, George Washington and a Group of Extraordinary Men Invented the Government” by Fergus M. Bordewich, “The Bill of Rights: The Fight to Secure America’s Liberties” by Carol Berkin, “The Framing of the Federal Constitution,” by Richard B. Morris, Architect of the Capitol, USConstitution.net, FindLaw.com